Q: New husband has an exisitng will leaving everything to kids. If he dies is the new wife entitled to anything?
A: The new spouse is what is known as a pretermitted spouse, and would be entitled to a portion of the estate. If the spouse is not left 1/3rd of the estate, the spouse can elect against the will. You need an attorney for this sort of thing.
A: The new spouse, who is a surviving spouse, is entitled to 1/3 of the assets which are subject to the elective share, if the new spouse makes a timely election to take an elective share. The elective share assets are not the same as probate assets and is a complicated calculation so it would be important to discuss this with an attorney quickly to make the proper election.
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